News & Analysis as of

Employer Mandates Employer Liability Issues Appeals

Employer Mandates is a term commonly used to describe employer insurance obligations under the Affordable Care Act. Under the Affordable Care Act, employers with 50 or more employees are required to provide... more +
Employer Mandates is a term commonly used to describe employer insurance obligations under the Affordable Care Act. Under the Affordable Care Act, employers with 50 or more employees are required to provide minimum essential insurance coverage to their employees or else pay statutory penalties. The concept of an employer mandate is not unique to the Affordable Care Act; many EU countries have their own versions with different and/or expanded employer obligations.  less -
Amundsen Davis LLC

Court Ruling Hamstrings IRS Enforcement of ACA Employer Mandate

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On April 10, 2025, a federal court in Texas issued an opinion in the case of Faulk Co. v. Becerra that significantly impacts how the Affordable Care Act’s (ACA) employer mandate can be enforced. The ruling effectively...more

Sheppard Mullin Richter & Hampton LLP

Just When You Thought It Was Safe To Go Back In The Water . . . The 11th Circuit Revives Executive Order 14042

With apologies to Jaws II, just when you thought it was safe, the U.S. Court of Appeals for the 11th Circuit has released a shark back into the EO 14042 waters. On Friday, August 26, the 11th Circuit published a 66-page...more

Steptoe & Johnson PLLC

UPDATE: Sixth Circuit Panel Lifts Fifth Circuit’s Stay on OSHA’s Vaccination and Testing Emergency Temporary Standard

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Just before 7 p.m. on Friday, December 17, 2021, a divided panel of the Sixth Circuit dissolved the Stay issued by the Fifth Circuit, which prevented the Occupational Safety and Health Administration (“OSHA”) from enforcing...more

Fenwick & West LLP

OSHA Issues Long-Awaited Emergency Standards to Implement Vaccine/Testing Mandate for Large Employers - Updates

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[Editor’s Note (12/20/21): The U.S. Court of Appeals for the Sixth Circuit has lifted the Fifth Circuit’s injunction halting enforcement of the OSHA Standards, and, specifically, the mandate regarding vaccination or weekly...more

Buckingham, Doolittle & Burroughs, LLC

OSHA ETS in effect; Fifth Circuit stay dissolved

On December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay that blocked OSHA from enforcing its vaccine or testing mandate. The OSHA ETS is once again in effect unless the United States Supreme Court agrees...more

Schwabe, Williamson & Wyatt PC

Nationwide Injunction Against Federal Contractor Vaccine Mandate ‎

On Tuesday, December 7, 2021, in The State of Georgia, et. al. v. Biden, et. al., Case No. 1:21-cv-163, a federal district court judge in the United States District Court for the Southern District of Georgia issued a...more

Bass, Berry & Sims PLC

Georgia District Court Enjoins Government Contractor Vaccine Mandate Nationwide

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On December 6, we noted on this blog post that because the injunction issued by the District Court for the Eastern District of Kentucky on November 30 prohibiting the government from enforcing the government contractor...more

Steptoe & Johnson PLLC

U.S. District Court Enjoins Vaccine Mandate for Federal Contractors in Kentucky, Ohio, and Tennessee

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As educational institutions sort through the contradictory patchwork of legal requirements regarding COVID vaccine mandates that have emerged over the past year, a U.S. District Court in Kentucky added one more wrinkle. While...more

Bass, Berry & Sims PLC

DOJ Seeks Stay of KY, OH, and TN Injunction; Hearings Go Forward in Other Government Contractor Vaccine Mandate Cases

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As we previously reported, on November 30, the District Court for the Eastern District of Kentucky (ED of KY) enjoined the government “from enforcing the vaccine mandate for federal contractors and subcontractors in all...more

Mintz - Employment Viewpoints

A Comprehensive Breakdown of OSHA’s COVID-19 Vaccination Rule - Update

UPDATE: A federal appeals court (the Fifth Circuit Court of Appeals) permanently blocked OSHA’s vaccine rule on November 12, 2021, citing to “serious constitutional concerns” with the rule. This is not the end of the...more

Morgan, Brown & Joy, LLP

First Circuit Court of Appeals Refuses to Enjoin Mass General Brigham’s Mandatory Vaccination Policy

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On November 18, 2021, the First Circuit Court of Appeals upheld a ruling by the Federal District Court in Massachusetts denying Mass General Brigham (MGB) employees’ request for a preliminary injunction which would have...more

Bradley Arant Boult Cummings LLP

Happy Thanksgiving and the Many Things for Which We Are Thankful – 2021 Edition

Many of us are understandably anxious to put another tumultuous year of the pandemic behind us. But before we sit down at the table to fill our plates and bellies to overflowing to celebrate the holiday, we can all find some...more

Sheppard Mullin Richter & Hampton LLP

Challenged – OSHA’s Rule Mandating COVID Vaccinations or Weekly Testing for Employers Halted

On November 4, the Occupational Safety and Health Administration (OSHA) released its much-anticipated mandate-or-test workplace vaccine emergency rule (“the Rule”). The Rule requires employers with 100 or more employees to...more

Schwabe, Williamson & Wyatt PC

Implementation of OSHA’s 11/5/2021 Emergency Temporary Standard Stayed by Fifth Circuit Court of Appeals

On Friday, November 12, 2021, in BST Holdings, L.L.C., et. al. vs. Occupational Health and Safety Administration, et. al., Case: 21-60845, the Fifth Circuit Court of Appeals granted the plaintiffs’ motion to stay...more

Snell & Wilmer

Sixth Circuit Wins ETS Lottery and OSHA Suspends ETS-Related Activities

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Yesterday, November 16, the U.S. Judicial Panel on Multidistrict Litigation (the “Panel”) held a lottery to select the federal appeals court to address the 34 petitions seeking review of the COVID-19 Vaccination and Testing...more

Steptoe & Johnson PLLC

UPDATE: Sixth Circuit Will Hear Legal Challenges to OSHA’s Mandatory Vaccination and Testing Standard

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On November 5, 2021, OSHA published its Emergency Temporary Standard (“ETS”), requiring private employers with 100 or more employees to establish, implement, and enforce a written mandatory vaccination or testing policy. ...more

Butler Snow LLP

Alabama Enacts Legislation That Restricts COVID-19 Vaccine Mandates

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Alabama has joined an ever-increasing number of states that have passed laws aimed at countering the federal government’s COVID-19 vaccination mandate. Alabama Senate Bill 9 restricts Alabama employers from requiring COVID-19...more

Steptoe & Johnson PLLC

OSHA Issues Mandatory Vaccination and Testing Standard, But One Federal Court of Appeals Has Already Issued a Stay

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The Occupational Safety and Health Administration (“OSHA”) published on November 5, 2021, its emergency temporary standard (“ETS”) requiring most private employers with 100 or more employees to establish, implement, and...more

McDermott Will & Schulte

International News: Healthcare - Spotlight on the Industry - May 2021

Sovereign Wealth Fund Investment in the Global Healthcare Industry - Sovereign Wealth Funds (SWF) seek out investments that are resilient, conducive to their aims and objectives, and reasonably free from market...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

November 2017: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. November was no...more

Best Best & Krieger LLP

Appellate Court Public Records Act Decision Leaves Questions Unanswered

When the decision in City of San Jose v. Superior Court was announced, many public agency employees and officials were relieved to read that the Court of Appeal agreed with the city: communications on public officials’...more

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